AP GoPo Unit 2d - Judicial Branch

Writ of Certiorari

Supreme Court agreeing to hear a case from a lower court and asking for all of the information on it.

Original Jurisdiction

A court's authority to hear and decide a case for the first time before any appellate review occurs.

Amicus Curiae

Interest group/ corporation that is affected by the outcome of a case, they will try to influence the decision; "friend of the court".

Judicial Restraint

Having more conservative beliefs, avoiding making decisions that change the meaning of a current law, goes strictly off the constitution, and decides cases based off the precedent.

Judicial Activism

Having more liberal beliefs, wanting to consider broader implications, and believes that provisions in the constitution should be interpreted and applied presently.

Dissenting Opinion

The minority writes why they oppose the majority's decision; it could set a precedent for future cases.

Concurring Opinion

Addition to the majority opinion/opinion of the court.

Stare Decisis

Let the decision stand; if Supreme Court vote is tied, decision is based on the outcome of the next highest court after the Supreme Court.

Justiciable Disputes

Issues capable of being settled as a matter of law.

Class-Action Suits

Lawsuits permitting a small number of people to sue on behalf of all other people similarly situated.

Judicial Review

The power of the courts to declare laws and executive orders unconstitutional.

Civil Law

If something is damaged (physical damage or reputational damage), the punishment is money.

Defendant

An individual or group being sued or charged with a crime.

Solicitor General

Helper of the Supreme Court to filter cases before they are heard; called the tenth justice.

Appellate Jurisdiction

Purpose to find out if there were mistakes made in the first trial (the original jurisdiction) of a lower court; if mistake is approved, case is vacated.

Precedent

Basis created by the outcome of a past case that is put onto future cases.

In Forma Pauperis

A method whereby a poor person can have his or her case heard in federal court without charge.

Rule of Law

States that laws apply to everyone no matter their fame, money, or reputation.

Federalist 78

Hamilton explains the need for an independent Judicial Branch and Judicial Review; the judicial branch has no influence over the sword or the purse.

What is one check the Supreme Court has on the presidency?

The Supreme Court can declare executive orders as unconstitutional.

Who represents the government in front of the Supreme Court?

Solicitor General; example: U.S. v. Lopez

Why are presidential appointments to federal courts so important?

The justices appointed serve for life which ensures the court's independence from the President and Congress as well as making the justices powerful.

How many Supreme Court justices are there?

Nine

Name all the current Supreme Court justices and their judicial philosophy?

Restraints (6): Roberts, Thomas, Alito, Gorsuch, Kavanaugh, Coney-Barrett; Activists (3): Sotomayor, Kagan, Brown-Jackson

Describe the structure of the Federal Court system

Starts in US District Court, then goes to US Appeals Court, then to Supreme Court.

Describe the federal prosecution and defense system

Main responsibility to present evidence and arguments to prove the guilt of the accused.

Discuss the politics of judicial selection

The strategy of the President to appoint judges that will make decisions in favor of their party; a president can appoint specific judges that will more than likely help them out while in office.

Describe how cases get to the Supreme Court

To appeal to the Supreme Court, the losing side files a petition for a writ of certiorari.

What is the role of oral argument in Supreme Court cases?

An opportunity for the Justices to ask questions directly of the attorneys representing the parties to the case, and for the attorneys to highlight arguments that they view as particularly important.

Explain the main differences between judicial activism and restraint

Activists are more liberal, considerate of broader implications, and believe the constitution should be applied presently. Restrains are more conservative, in favor of the current law interpretation, and goes strictly off the constitution and precedent cases.

Describe the major steps in a case going through the Supreme Court

Starts with Writ of Certiorari, then briefs, Amicus Curiae briefs, oral arguments, conferences, voting, opinions, and lastly publication.

Identify the constitutional clause that is common in both United States v. Lopez (1995) and National Labor Relations Board v. Jones and Laughlin Steel Corporation (1937).

Commerce Clause

Explain how the facts in United States v. Lopez led to a different holding than in National Labor Relations Board v. Jones and Laughlin Steel Corporation.

In U.S. v. Lopez, gun possession was not an activity that was considered as interstate commerce under the Commerce Clause. In the NLRB v. Jones case, it was determined that labor disputes were related to interstate commerce and could be regulated by the federal government.

Explain how the holding in National Labor Relations Board v. Jones and Laughlin Steel Corporation affected the balance of power between the states and the national government.

It allowed the federal government the ability to expand their power over labor relations and commerce while consequently reducing the authority of the states.

Brown v. Board

Outlawed racial segregation in schools; overturned the previous Plessy vs. Ferguson case; 14th amendment Equal Protections Clause.

Gideon v. Wrainwright

Established that states may not deny a defendant representation in court for felony charges or appeals; 6th amendment right to an attorney; Due Process Clause.

Texas v. Johnson

A case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds; such action was symbolic speech protected by the 1st amendment.

Roe v. Wade

The Supreme Court decision holding that a state ban on all abortions was unconstitutional; 14th amendment right to privacy.

Heart of Atlanta Motel v. U.S.

States that the Commerce Clause applies to private and interstate business; 14th amendment Equal Protection Clause.

Bakke v. California

Supreme Court case that ruled that affirmative action programs are constitutional, but strict quota systems are unconstitutional; 14th amendment Equal Protections Clause

Tinker v. Des Moines

Armbands case; students have the right to symbolic speech at school as long as it is not disruptive; 1st amendment right to freedom of expression.

Engel v. Vitale

Case that banned formal prayer in schools; 1st amendment Establishment Clause of freedom of religion.

Mapp v. Ohio

Established that evidence obtained illegally cannot be used in court; 4th amendment Exclusionary Rule.

Wisconsin v. Yoder

Establishes that Amish children are not required to stay in school until they are 16, they may stop after the 8th grade; 1st amendment Free Exercise Clause.

McDonald v. Chicago

Established that cities and states cannot make laws that violate amendments; 2nd amendment right to bear arms.

Miranda v. Arizona

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police; 5th amendment right against self incrimination and 6th amendment right to an attorney.

Dred Scott v. Sandford

1857 Supreme Court decision that stated that slaves were not citizens, that living in a free state or territory did not free slaves, and declared the Missouri Compromise unconstitutional; 5th amendment right treating Scott as property and not a person; was eventually overturned by 13th and 14th amendments in 1868.

Loving v. Virginia

Court case that declared laws that banned interracial marriage were unconstitutional; 14th amendment Equal Protection Clause.

Obergefell v. Hodges

Case that upholds same sex marriage; 14th amendment Equal Protection Clause.

Marbury v. Madison

Supreme Court case establishing judicial review.